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  • Conflict Consents Under Code Do Not Need Written Confirmation Under New Rules

    NYPRR ArchiveComments Off on Conflict Consents Under Code Do Not Need Written Confirmation Under New Rules

    By Lazar Emanuel [Originally published in NYPRR July 2009]   In its first opinion dealing with the transition from the Code to the new Rules of Professional Conduct, the NYSBA Committee on Professional Ethics has decided that a conflicts consent which...

  • Simon on New Rules: Rule 1.9 Through 1.12 —Conflict Rules

    NYPRR ArchiveComments Off on Simon on New Rules: Rule 1.9 Through 1.12 —Conflict Rules

    By Roy Simon [Originally published in NYPRR July 2009]   This month’s column continues my series on the new New York Rules of Professional Conduct. This section begins with Rule 1.9 and ends with Rule 1.12. Rule 1.9: Duties to Former Clients Rule 1.9,...

  • From Advisory Committee on Judicial Ethics: Opinion 08-176 (Jan. 29, 2009)

    NYPRR ArchiveComments Off on From Advisory Committee on Judicial Ethics: Opinion 08-176 (Jan. 29, 2009)

    [Originally published in NYPRR June 2009]   From time to time, NYPRR will publish an Opinion of the Advisory Committee on Judicial Ethics. The Opinions published are those selected by Justice George D. Marlow, Committee Chair, and Jeremy R. Feinberg, who...

  • Simon on New Rules: Rule 1.8 — 10 Conflict Rules in One

    NYPRR ArchiveComments Off on Simon on New Rules: Rule 1.8 — 10 Conflict Rules in One

    By Roy Simon [Originally published in NYPRR June 2009]   In NYPRR April and May 2009, I reviewed some interesting provisions in the New York Rules of Professional Conduct, which took effect on April 1, 2009. Last month’s column (NYPRR May 2009) ended...

  • Report on Pretexting — Recent Cases & Ethics Opinions

    NYPRR ArchiveComments Off on Report on Pretexting — Recent Cases & Ethics Opinions

    By Jeremy R. Feinberg [Originally published in NYPRR June 2009]   How far can a lawyer go to obtain damaging information about the other side, about an adverse witness, or even a judge? The use of “pretexting,” i.e., some form of deception, to obtain...

  • Interesting Provisions in New Rules: Rule 1.6(b) through Rule 1.7

    NYPRR ArchiveComments Off on Interesting Provisions in New Rules: Rule 1.6(b) through Rule 1.7

    By Roy Simon [Originally published in NYPRR May 2009]   Last month (NYPRR April 2009), I began my review of some of the more inter­esting new provisions in New York’s Rules of Professional Conduct, which took effect on April 1, 2009. Last month’s...

  • Mediator Ethics in New York State

    NYPRR ArchiveComments Off on Mediator Ethics in New York State

    By Jeremy Feinberg & Amy Sheridan [Originally published in NYPRR May 2009]   Sometimes, ethics issues arise from real-life scenarios that can happen to anyone. Imagine, on a dark and stormy winter night, waiting at a bus stop where you and one other...

  • From Advisory Committee on Judicial Ethics: Opinion 08-134 (Sept. 11, 2008)

    NYPRR ArchiveComments Off on From Advisory Committee on Judicial Ethics: Opinion 08-134 (Sept. 11, 2008)

    [Originally published in NYPRR May 2009]   From time to time, NYPRR will publish an Opinion of the Advisory Committee on Judicial Ethics. The Opinions published are those selected by Justice George D. Marlow, Committee Chair, and Jeremy R. Feinberg, who...

  • From Advisory Committee on Judicial Ethics: Opinion 08-134 (Sept. 11, 2008)

    NYPRR ArchiveComments Off on From Advisory Committee on Judicial Ethics: Opinion 08-134 (Sept. 11, 2008)

    [Originally published in NYPRR April 2009]   From time to time, NYPRR will publish an Opinion of the Advisory Committee on Judicial Ethics. The Opinions published are those selected by Justice George D. Marlow, Committee Chair, and Jeremy R. Feinberg, who...

  • Interesting Provisions in New Rules: Rule 1.0 through Rule 1.6

    NYPRR ArchiveComments Off on Interesting Provisions in New Rules: Rule 1.0 through Rule 1.6

    By Roy Simon [Originally published in NYPRR April 2009]   It’s April and the new New York Rules of Professional Conduct are finally in effect. Some may say this development comes a quarter of a century too late — in 1984, the New York State Bar...